NetsGill and Trammel Nets
Section § 8680
This law states that the California Legislature believes it is important for fishermen using gill nets or trammel nets to have experience with these tools. This is considered beneficial for the people of California, the fishing industry, and the state's marine resources. The section references provisions that have been in effect since January 1, 1990, as per the state constitution.
Section § 8681
This law specifies that gill nets and trammel nets can only be used for commercial fishing if the person has a special permit from the department. These permits are revocable and cannot be transferred to another person. Anyone with such a permit must keep detailed records of their fishing activities in a logbook provided by the department. The commission has the authority to suspend, revoke, or cancel these permits, licenses, and fishing privileges, but any revocation can only last up to one year. Also, these rules have been in place since January 1, 1989.
Section § 8681.5
This law outlines the rules for gill net or trammel net permits. The Department of Fish and Wildlife cannot issue new permits but can renew existing ones. Permits can be transferred if the holder has proof of commercial fishing for at least 15 of the past 20 years. A fee is required for the permit transfer, which cannot exceed the cost of the original fee. If a permit holder dies, their estate can transfer the permit to a qualified fisherman within one year, or the permit reverts to the department. Disabled permit holders who can't fish commercially anymore can also transfer their permits. This law aims to be stricter on gill and trammel net usage than previous regulations.
Section § 8681.7
This law allows people who had a valid fishing permit but were denied renewal because of illness or losing their vessel to appeal the decision. They must appeal to the commission within 60 days of the renewal denial. If their appeal is successful, they can get a permit again by paying the necessary fees. This section has been in effect since January 1, 1989.
Section § 8682
This law outlines how the gill net and trammel net fishery should be managed. The commission is responsible for setting up regulations for fishing permits to ensure an organized fishery. To obtain a permit, individuals must have prior experience or pass a test. There's an advisory committee of experienced fishermen that helps draft these rules.
The provisions specified here reflect the laws as they were on January 1, 1989, as per the California Constitution.
Section § 8683
If you want a permit that falls under Section 8681, it will cost you $330.
Section § 8684
This law states that if you're fishing with a permit for gill or trammel nets and accidentally catch swordfish or marlin, you must give them to the appropriate department. If you violate this rule and are convicted, your fishing permit will be taken away.
Section § 8685
In areas designated as Districts 1, 2, and 3, it's not allowed to have gill nets on any boats.
Section § 8685.5
This law states that gill nets cannot be used to catch salmon, steelhead, or striped bass, regardless of any other laws.
Section § 8685.6
This law makes it illegal to sell or have for sale any salmon, steelhead, or striped bass caught using a gill net in California waters.
Section § 8685.7
This law makes it illegal for anyone to knowingly buy salmon, steelhead, or striped bass caught in California using gill nets. This includes brokers who buy these fish illegally caught for resale.
Section § 8686
This law makes it illegal to have gill or trammel nets with mesh sizes larger than 1.75 inches in specific districts, including Districts 1.5 and 2.5, and the Trinity and Klamath River District unless special rules from the commission say otherwise.
Section § 8687
This law allows the use of drift gill nets in specific districts, namely Districts 6 through 10, unless mentioned otherwise in this code.
Section § 8688
In California's Districts 11, 12, and 13, gill nets can only be used to catch herring and must follow certain rules. Only people with a valid permit can have gill nets on boats in these districts, and it must be during the designated open seasons for herring, as set by the fishing commission.
Section § 8691
This California law prohibits the use or possession of gill and trammel nets with mesh sizes smaller than 4 1/8 inches on boats that are fishing for rockfish or lingcod in specific ocean waters between Point Reyes and Pigeon Point.
Section § 8692
This law makes it illegal to use gill nets for fishing rockfish or lingcod in certain areas off the coast of Monterey County. Specifically, it applies to waters: (a) between Santa Cruz Point and Point Sur lighthouse, limited to depths of 100 fathoms or less, and (b) between Point Sur lighthouse and Pfeiffer Point, with a depth limit of 75 fathoms or less.
Section § 8692.5
This law limits the amount of gill nets or trammel nets used by a fishing vessel for catching lingcod in the ocean. Specifically, no more than 1,250 fathoms (which equals 7,500 feet) of these nets combined can be used each day by any single vessel. The law is more strict than the rules that were in place before 1990 and complies with state constitutional requirements.
Section § 8693
This law outlines where and how drift gill nets and set gill nets can be used in certain California fishing districts. Gill nets are allowed in Districts 17, 18, 19, and 20A, but they cannot be used to catch salmon.
For rockfish and lingcod, there are specific areas where netting is restricted based on water depth and net mesh size. In shallow areas, nets with smaller mesh sizes can't be used. Moreover, in some areas, nets can't be used below a certain water depth. Additionally, catches might include up to 200 pounds of both rockfish and lingcod combined, but not more than 100 pounds of rockfish specifically. Finally, gill nets cannot be used for rockfish in District 20A.
Section § 8694
If you're in District 19A, you're not allowed to use or even have gill nets on your boat.
Section § 8696
Section § 8700
If a gill net is constructed in a way that makes the webbing slack or baggy, it changes from being identified as a gill net and is considered a trammel net instead.